Secretary of Agriculture's inaction on conservation organizations request for the initiation of proceedings pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§135 et seq., which could result in the proscription of DDT shipment in interstate commerce, did constitute age...

Case remanded and Administrator of Environmental Protection Agency (to whom Secretary of Agriculture's pesticide regulation functions now transferred, 1 ELR 48001) instructed to issue cancellation notices which will trigger formal administrative inquiry into the safety of the remaining registered us...

Case remanded and Administrator of Environmental Protection Agency (to whom Secretary of Agriculture's pesticide regulation functions now transferred, 1 ELR 48001) instructed to reconsider Secretary of Agriculture's earlier decision not to suspend registration of the herbicide 2,4,5-T with respect t...

Preliminary injunction granted barring defendants' further construction of the Cross-Florida Barge Canal pending a final ruling on plaintiffs' contention that canal construction causes irreparable damage to timber and acquatic life and violates the National Environmental Policy Act, the Fish and Wil...

Motion to dismiss criminal information charging New Jersey Manufacturers with the discharge of acids, alkalies and oil into New York Harbor in violation of New York Harbor Act, 33 U.S.C. §441, denied. The statute clearly prohibits the discharge of liquid as well as solid inorganic matter and has no...

Petition for the establishment of a drainage district that would allow drainage of marshland for dairy farming denied, because the establishment of the district would impinge upon riparian rights of landowners within and below the district, including the Everglades National Park, and would be contra...

State law regulating the removal, filling and dredging of marshes, swamps, meadows, banks and flats bordering on coastal areas does not preempt local zoning bylaw which also protects town's coastal area. State agency, pursuant to state law, had approved plaintiff's plan to dredge a tidal marsh on hi...

Actions under the Refuse Act by conservation group for injunctive and mandatory relief and for a portion of any fine levied dismissed in joint opinion of the three federal judicial districts of Alabama. Plaintiff cannot maintain this action against corporate defendants for a portion of the fine, bec...

Plaintiffs obtained injunctive relief based upon the failure of the Chief of the Army Corps of Engineers and the Secretary of the Army to comply with the National Environmental Policy Act (NEPA) §§102(2)(C) and 102(2)(D) prior to their decision to execute contracts for the construction of an earth...

Action under the Refuse Act by conservation groups for injunctive and mandatory relief and for a portion of any fine levied is dismissed. Qui tam actions are allowed only where statutory authority for them is express or can be implied. The Rivers and Harbors Act of 1899 does not expressly authorize ...